Community trade mark Opposition proceedings Relative ground for refusal No likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) Application for the Community figurative mark Archer Maclean’s Mercury Earlier national word mark Merkur
Sumário
Judgment of the General Court (Seventh Chamber) of 9 September 2010.
adp Gauselmann GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community figurative mark Archer Maclean’s Mercury - Earlier national word mark Merkur - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-106/09.
Texto da decisão
Judgment of the General Court (Seventh Chamber) of 9 September 2010 – adp Gauselmann v OHIM – Maclean (Archer Maclean’s Mercury)
(Case T-106/09)
Community trade mark – Opposition proceedings – Application for the Community figurative mark Archer Maclean’s Mercury – Earlier national word mark Merkur – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 20, 39-40)
Re:
| ACTION brought against the decision of the First Board of Appeal of OHIM of 12 January 2009 (Case R 1266/2007-1), relating to opposition proceedings between adp Gauselmann GmbH and Archer Maclean. |
Information relating to the case
|
Applicant for the Community trade mark: |
Archer Maclean |
|
Community trade mark sought: |
Figurative mark Archer Maclean’s Mercury, for goods in Classes 9, 16 and 28 – Application No 4290227 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
adp Gauselmann GmbH |
|
Mark or sign cited in opposition: |
German trade mark registration of the word mark Merkur for goods and services in Classes 6, 9, 28, 35, 37, 41 and 42 |
|
Decision of the Opposition Division: |
Opposition dismissed |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders adp Gauselmann GmbH to pay the costs. |